>> reporter: newtown is slowly trying to return to normal. some schools other than sandy hook reopened for the first time since the shooting. buses carrying children drove onto school grounds. the buses had green and white ribbons on the front, sandy hook's colors. but police kept one elementary school closed as a precaution after receiving threats. >> i will always be worried but now it's very, very bad. >> reporter: children at sandy hook have not yet returned to school. when they do, it will be at a school in the nearby town of monroe. late today the nra released its first public reaction to last week's shooting saying its members are shocked, saddened and heartbroken about the horrific senseless murders in newtown. the organization says it stands ready to make meaningful contributions to make sure it doesn't happen again. reporting live in newtown, connecticut, i'm randall pinkston. back to you. >> thank you. meantime, new calls for gun control laws on capitol hill today. those injured in mass shootings and families of victims were in

washington, d.c. to press lawmakers on new restrictions. one father whose son survived the sandy hook shooting says it's time for action. >> we need to make this society safer if not for us, let's make it safer for our kids. >> we heard from the national rifle association today for the first time sinc the shooting. they said out of respect for the families and a matter of common decency we have given time for mourning, prayer and a full investigation of the facts before commenting. the nra says it's prepared to offer meaningful contributions to the renewed gun debate. cbs 5 reporter grace lee is live in hayward with a look at how bay area mayors are taking on guns. grace. reporter: we came here to hayward to meet with the state treasurer phil lockyer and what we learned is that california had invested millions of dollars into a gun manufacturer the same gun manufacturer who made the firearm used in

newtown connecticut. well, that has since been remedied but this is one of just several political maneuvers, one to distance themselves from gun manufacturers but several with politicians moving closer to "gun control." reporter: in an open letter to the president today eight big city mayors from new york to los angeles asked for an outright ban on assault weapons. >> it's clear that gun is not for the streets. it's not for sports. it's really a gun of war. >> reporter: san francisco mayor ed lee and oakland mayor jean quan agree with the federal assault weapons ban that's already in place in california. the two cities just had their largest gun buy-back event taking 600 firearms off the streets. >> but the reality is we can buy back hundreds but if we can't stop the flow into nevada and increasingly now for the internet and other sources, this is where we really need and that's why you see the mayors across the country trying to put pressure on the federal government. >> reporter: but will public sentiment last long enough to fight strong lobbying groups

like the nra? san jose mayor chuck reed weighed in. >> i think people have a right to not necessarily use assault weapons anytime anywhere they want and i think within the limits of the constitution, there are things we can do and we should. >> some may see it as a smart political move and it may turn out to be but there's always risk. >> reporter: this political consultant says the political momentum is strong enough to call for more gun control. >> i think that the tipping point has been reached and i think that the mayors who are signing this letter and the legislators in congress who are pushing it and the president are going to force some change. >> reporter: it is not just legislation. state treasurer announced that he has taken nearly 9 million state pension dollars out of freedom group, a gun manufacturer that makes the weapon used at the newtown school. >> illegal to either have or sell that weapon in the state of california. so obviously the state shouldn't be a participant in that kind of activity. >> reporter: lockyer also pointed out that this is not

first time that california has disinvested for ethical or political reasons. we have also taken money out of south african companies when they still supported apartheid and taken money out of tobacco companies. he says it's just a challenge to track every dollar when you have a $400 billion pension fund but he says they are going to keep trying. live in hayward, grace lee, cbs 5. >> it's not just that private equity firm selling its shares in the rifle business. dick's sporting goods is suspending sales of rifles nationwide. they have 500 stores in 44 states. walmart has made a similar move. other bay area headlines tonight the man who gunned down his ex-girlfriend and her friend at a richmond bridge toll plaza was supposed to be sentenced to death today but it didn't happen. instead, nathan burris was granted a delay until next month after arguing he wasn't prepared. burris is acting as his own attorney. he told the judge that he has

not had access to a phone or law library. a san francisco pharmacy worker recovering after being shot in the leg during a botched robbery attempt happened yesterday evening at a pharmacy on cesar chavez street. police are looking for robbers and getaway driver. the worker is expected to be okay. and some east bay burglars took the smash and grab to a whole new level when they rammed a stolen car into a concord gamestop. it happened about 4 a.m. in the clayton valley shopping center. the thieves got away with thousands of dollars worth of electronics including ipods and ipads. a downright cold night ahead of us. paul deanno joins us with a look at some chilly temperatures. >> this will be the coldest weather since mid-january widespread in the bay area. some will be down in the 20s. look at the numbers. tonight's lows early tomorrow morning, san leandro down to 36 chilly degrees. the frost advisory is in effect

for palo alto 34 and how about 27 for clearlake? so the north bay interior away from the ocean, you're under a freeze warning for tonight and early tomorrow. a frost advisory in effect for the east bay, south bay including san jose. so think about bringing fido inside tonight. and also protect the tender vegetation if you can. tonight's lows santa rosa, napa, fairfield, upper 20s. redwood city 35. san jose 34. freezing for concord. and san francisco all the way down to 40 degrees for the first time this year. it's not going to last because we have another weather change to talk about. details on that that involves an umbrella. that's coming up in a few minutes. >> thank you. we're following breaking news in san leandro. chopper 5 is overhead at the peloton shopping center where a u.s. bank was robbed a short time ago. the suspect remains at large. police are looking for the suspect in the neighborhood and are interviewing bank employees inside the bank. we'll bring you more details as

they become available. more than two years after san bruno, pg&e offers a show- and-tell. >> got much greater confidence in our ability to operate those pipelines safely. >> yeah. it took more than an hour to stop the pipeline eruption in 2010. what the utility says would happen if there's another problem. >> you really have no idea of knowing where the photo is going to end up. >> an instagram policy change is worth 1,000 complaints. or more. the uproar that has a lot of users canceling their accounts. ,,,,,,

a broken fire hydrant in du sent water shooting up to 2 feet into the air this morn it happened in the 8-thousa block of north lake drive. a moving van accidently into the hydrant >> a broken fire hydrant broke in the 8000 block of northlake drive in dublin. a moving van accidentally crashed into the hydrant this morning and caused that huge wet mess. no word on any injuries.

>> in clayton roads closed because of a huge sinkhole are opening back up at this hour. crews have temporarily fixed mash marsh creek road. a failing pipe under the road started the sinkhole this morning. just over two years after the deadly san bruno explosion, pg&e says it is finally ready to prevent or manage any future disasters. cbs 5 reporter ann notarangelo is in san ramon with that story. ann. >> reporter: ken, this will be a call center. people can call in and report a gas leak and crews will be dispatched as needed. pg&e said things have changed since san bruno. >> our level of preparedness is dramatically different today than when san bruno happened. >> reporter: pg&e's gas division wanted to show off their new gas control center in san ramon all the while explaining this company is much

different now than september 2010 when a gas pipeline ruptured in san bruno killing 8 people and destroying dozens of homes. >> we have much greater confidence in our ability to operate those pipelines safely. >> reporter: thursday, the california public utilities commission will voted on pg&e's pipeline safety plan developed after the explosion. puc staff is recommending approval. these are all new faces to pg&e. the independent review panel suggested separating the company's gas and electric divisions and everyone here came on board after san bruno. >> the majority of the entire leadership team is new to pg&e. individuals that were previously part of the gas organization have either retired or moved on. >> reporter: the company itself is reorganizing.

by july this room will hold 200 workers. >> we can make better decisions responds more quickly to events that may occur or develop on the system. our goal is to be able to not only respond but to begin predicting when things begin to develop on the system. >> reporter: today, management touted its overhaul of the physical system inspecting and replacing hundreds of miles of pipeline and installing new valves. that was a big issue in san bruno, when it took more than an hour to manually shut off the gas. new main line valves are being installed some can be controlled remotely. others are designed to automatically shut off if there are pressure changes. already, pg&e has spent $1.5 billion on these fixes and their shareholder have paid. they want to spend an additional $2.2 billion for a four-year plan and they want us to help out with that, the customers. it would be an additional $2 on our bill each month. in san ramon, ann notarangelo, cbs 5. a user revolt that happened

faster than you can snap a picture on your smartphone. why instagram's future is fuzzier tonight. >> to sell the goods you have to get people in the door. what an experiment b j.c. penney can teach us about the mind of the shopper. ,,,,,,,,,,,,

fiscal cliff deal might be getting close. today house speaker john boehner proposed a backup pn prevent a tax hik after weeks of deadlock there are signs that a "fiscal cliff" deal might be getting close might be. today, house speaker john boehner proposed a backup plan to prevent a tax hike in case that he and the president don't reach an agreement. the white house rejected boehner as plan but quickly came back with a counterproposal. >> our plan b would protect american taxpayers who make a million dollars or less. >> fall back plan b achieves nothing. you would lose hundreds of billions of dollars of revenue. >> the president's original cutoff for tax cut extensions was $250,000. but his counterproposal to boehner raises that to $400,000. stocks rallied to their best level in two months today. they like that news. that dow was up 115, nasdaq up

44. instagram you know that popular app that makes your photos look even better? it caused an uproar recently when it announced a privacy policy that seemed to imply they could do whatever they want with your photos. around then as cbs 5 reporter len ramirez -- and then as cbs 5 reporter len ramirez shows us, they backtracked. >> reporter: when you take a photo and upload it to instagram, where does it go? >> i think we just click on a button and it shows up on the news feed or profile but you really have no idea knowing where it's going to end up. >> reporter: instagram users may now have a better idea and many don't like it. the popular photo sharing and filtering application raised a firestorm among its millions of users when it introduced a new privacy policy in terms of service that many interpreted to mean their photos could be used in product advertising without their knowledge, consent or compensation. >> i think they should be compensated for it because the companies are getting free advertising pictures pretty much and also making money. >> reporter: on twitter

criticism of instagram was a top trending topic one user quipping that sepia tone photo of last week's sushi dinner fell into the wrong hands. some users canceled accounts. san jose state's director of the school of journalism and mass communication says the policy flies in the face of traditional media terms of use. >> if you are going to use my photos to make money for your product or your business for whatever you're doing, you should at least contact me and traditionally that's the way it's been done. >> reporter: this afternoon, instagram's founder pulled back issuing a statement saying the legalese and the fine print of the terms was confusing and a mistake but the company also says advertising is one of the ways instagram can be a self sustaining business and that ingram would like to experiment with innovative ways to advertise in the future. >> maybe some of the fine print shouldn't be so fine. >> reporter: instagram owned by facebook a company under pressure for ad revenue says it will do that, too, making the terms easier to understand.

updates to its terms take effect next month. len ramirez, cbs 5. j.c. penney the retailer has spent the year tinkering with new ways to try to get people into their stores. as cbs 5 consumerwatch reporter julie watts shows us the chain now finds itself pretty much right back where it started. >> i came here to use my coupon. >> reporter: they're back! coupons at j.c. penney. >> ya! >> reporter: the store famously got rid of coupons and sales this year replacing them with everyday low prices. but well, the sign still says no coupons, tacked on the top are newly advertised sales. the website now boasts 20% off jewelry and jcp reportedly emailed friends and family coupons offering a three-day discount last week. >> i think their core base is hungry for it. >> reporter: he says that was clear by the customer turnout on black friday. the store advertised its one and only sale of the year and

long-time customers who had been staying away showed up asking for more. >> people have to have something to look forward to. >> reporter: so everyday low prices won't get you in the door? >> no. >> i come less now than before. >> reporter: he says that's because the no sales strategy only works for a couple of specific types of stores. >> if you are involved in anything other than general merchandise and groceries unless you have a unique product set that's so unique that no one else has it, it becomes necessary. >> reporter: the store's decision to ditch promotional deals resulted in a big hit to its bottom line. a reported $123 million quarterly loss for the company. but is this an about-face? a spokesman would only say, we continue to believe in the importance of great everya dal view. it will continue to be the cornerstone of pry pricing strategy, great everyday prices, now seems to return to the sales. >> thanks for shopping at j.c.

penney. >> reporter: he believes that jcp will now adopt a hybrid sales strategy by slowly bringing back selected sales as opposed to the almost daily sales as in years past. >> people want a deal every day. >> that's what's going to get them in the door. >> we'll see. thank you. paul, folks need to put another blanket on the bed, another log on the fireplace, crank up the heater. it's going to be cold. >> i think mother nature is having a sale, 20% off. let's get back to regular price! extra blanket on the bed absolutely. it's a three dog night out tonight. we are starting off in the 40s. nice background the mount vaca cam turned in an usual direction with a shot of the sunset. oakland warm at 53. santa rosa already down to 45. and the sun just went down. san francisco, san jose, and concord already in the 40s. here's where we are going tonight. oakland down to 37. mountain view down to 35.

fremont 33. frost advisory in effect as concord and livermore are under a frost advisory. frees warning for santa rosa and napa. upper 20s tonight. clear skies and dry conditions. winter begins friday morning at 3:12 local time. it will be rainfall moving in then. first th cold. we have a big storm north of us not impacting us until thursday likely. until then there is a weak area of high pressure to the south ushering in the influence coming from the north and west giving us the cold weather today and very cold weather coming up tonight because we don't have that blanket of cloud cover over top of us, we'll lose the heating of the day back to the atmosphere rather efficiently. by thursday, that's two days from now, we are talking about rainfall moving in. once it gets here it's going to be tough to shake thursday through sunday once again a storm track aimed at northern california. a lot of rainfall moving in and it begins late in the day on thursday. so clouds will increase tomorrow but no rain just yet. after that cold night will

start sunny finish the day cloudy. rain late thursday and rain is going to be around all the way through sunday. i know so many of you have shopping plans still. you likely will have to go by or grab your umbrella. highs tomorrow low to mid-50s. oakland 55. close to normal. sunnyvale 54. los altos 55. union city 53. pittsburg and concord only 52 after that cold start danville up to 52. low 50s for highs. rain late thursday. we are wet on friday and saturday. we're wet on sunday. right now christmas eve and christmas day are trending mainly dry. we'll be right back. ,,,,,,,,

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brew the coffee you love -- stronger, bigger, or hotter -- that you have to lose weight first. it's a growing trend. l has the story. picture this. you need to have surgery but your doctor says you're too heavy. you have to lose weight first. that's a growing trend. dr. kim has the story. reporter: the 35-year-old has a lot to be thankful for this

year. two years agoing the father of four had complete heart failure. >> you're always breathing like you think your lungs are going to explode. it's scary. it was like i didn't know what -- i really thought i was going to die. >> reporter: he needed a new heart. but at 360 pounds, it was too risky. >> patients who are obese have a high risk of dying during the operation or after the operation. >> reporter: ucsf surgeon says suki needed to exercise to lose weight but his heart couldn't handle it. >> everything is implanted. >> reporter: so sugi got the next best thing, mechanical pumps that gave his natural pump a rest. >> he was supported by this little pump that was supporting his failing heart for over a period of two years. and within that period of time, he was really working hard to lose weight. >> i would walk 1,000 steps every morning. >> reporter: 1,000 became 2. >> i started walking the parks.

grocery stores. anything that i could think of i'd walk. >> reporter: and he started eating better. >> i started eating apples, love fruits. >> reporter: it was the fight of his life and he won. >> when i got to 253, i was like man i lost 100 pounds and he put me on the list. >> reporter: he got a new heart in august and a new lease on life. >> now he's been given a second chance at life. and you know, i couldn't be more thankful. >> i have so much, so much more that i got to do. and i think that's what's going to happen now. i'm blessed. >> reporter: now, more and more surgeons are asking patients to lose weight or get in shape be able to walk three miles before having an operation. surgery means stress. and surgery means trauma. you should be in as good a shape as possible when you have surgery. you will have fewer complications and a faster recovery. >> wow. 100 pounds. >> amazing. >> suing you go was out of the hospital eight days after his new heart. >> good for him. >> all right. dr. kim, thanks.

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city college. we we have breaking news out of the south bay right now. it is pretty serious. we are getting reports of police activity on the campus at san jose city college. and the first reports indicate a possible gunman on campus. again, they are just preliminary reports. we are working to confirm that with san jose police. we have as you can see live pictures coming in from chopper 5 above the scene. and we have reporters on the

ground on the way. you can see some emergency vehicles that are parked in the lot there and police officers walking around. the campus is on lockdown. that is san jose city college. we are following this story and will bring you the latest. captions by: caption colorado comments@captioncolorado.com >> pelley: tonight, back to school. classrooms in newtown reopen as more children are laid to rest. reports from jim axelrod and bob orr. elaine quijano with some of the first responders at the crime scene. >> i was almost wishing that it was full of injured people. i never-- nobody. >> pelley: higher taxes are coming but who should pay them? nancy cordes talks to the speaker of the house about his negotiations with the president. nancy cordes talks to the speaker of the house about his negotiations with the president. and elizabeth palmer in dunblane scotland, one place that knows